HomeMy WebLinkAboutSan Luis Coastal Unified School District - Release of PEG Funds - 1st Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO
AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
FOR RELEASE OF PEG ACCESS FUNDS (E-PORTION)
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo on
Mai 20,1014, by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,herein after referred
to as City,and San Luis Coastal Unified School District,hereinafter referred to as"SLCUSD".
WITNESSETH:
WHEREAS, on August 4, 2009, the City entered into an Agreement with SLCUSD for the release of PEG
access funds(E-Portion);
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained,the parties hereto agree as follows:
1. Section 13 (Funding and Other Resources)is hereby amended to read as follows:
The City agrees to release to SLCUSD one-half of all PEG access funds that it receives from Charter
Communications for PEG access equipment and facilities purposes within 60 days after the funds are
received. Upon termination of this Agreement, the E-portion of PEG access funds received by the City that
have not been expended or committed via written contract by SLCUSD shall be returned to the City within
60 days.
2. Section 14 (Term of Agreement) is hereby retroactively extended for a period of three (3) years
commencing on August 4, 2012, and ending on August 4, 2015, unless terminated earlier, as provided in
this Agreement. This agreement may be extended, by mutual agreement of the City and SLCUSD, in
writing for one additional period of three(3)years in accordance with this Agreement.
3. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
written above.
ATT .T: CITY OF SAN LUIS OBISPO:
ailltvg Mit_ By:
,City Clerk , �+ JAN H EM
LL MARX,Mayor
APP'O AS T• F CONTRACTOR:
By: � L
orney ERIC PRATER, Ed.D.,Superintendent
San Luis Obispo -Regular Meeting Agenda of May 20. 2014 Page 4
C4. APPROVAL OF SETTLEMENT AGREEMENT WITH CBS OUTDOOR AND
AMENDED AND RESTATED LEASE FOR BILLBOARD AT CALLE JOAQUIN
OPEN SPACE AND DETERMINE THAT THE SETTLEMENT AGREEMENT IS
EXEMPT PURSUANT TO SECTIONS 15301 ET SEO., 15321, AND 15061 (B) (3)
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT- RESOLUTION
MOTION BY MAYOR MARX. SECOND BY VICE MAYOR CHRISTIANSON,
CARRIED 4-I (COUNCIL MEMBER ASHBAUGH VOTING NO), to adopt Resolution
No 10521 (2014 Series) entitled 'A Resolution of the City Council of the City of San
Luis Obispo, California, approving a settlement agreement and amended and restated
lease for APN 053-152-007 with CBS Outdoor ("CBS")."for the billboard located on the
Calle Joaquin Open Space
C5. 2014 SEWER SYSTEM MANAGEMENT PLAN UPDATE -RESOLUTION
MOTION BY COUNCIL MEMBER ASHBAUGH. SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0. to adopt Resolution No 10522 (2014 Series) entitled
`A Resolution of the City Council of the City of San Luis Obispo. California. adopting
the Sewer System Management Plan Update." and authorize the City's representative to
recertify the plan with the State Water Resources Control Board.
C6. UPDATE TO THE PUBLIC, EDUCATIONAL AM) GOVERNMENTAL (PEG)
ALLOCATION MODEL AND CONTRACT AMENDMENT WITH SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG FUNDS (E-
PORTION)
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to
I Modify the allocation model for Public. Educational and Governmental (PEG)Access
funds to eliminate funding for public access and allocate 50% of PEG funds for
educational and governmental access
2 Approve, and authorize the Mayor to execute, the First Amendment to the Agreement
between the City of San Luis Obispo and San Luis Unified School District for
Release of PEG Access Funds (E-Portion), retroactively to August 44012 through
August 4. 2015.
C7. AIRPORT AREA FEE REVENUE APPROPRIATION: DESIGN SERVICES
MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0, to appropriate $40.000 in Airport Area Impact fee
revenues to fund consultant design services for Tank Farm widening near Santa Fe.
ort P .0 e Meeting Date 05/20/2014
nef `« Council Agenda Report Item Number
ors
FROM Anthony Melia, City Clerk
SUBJECT: UPDATE TO THE PUBLIC. EDUCATIONAL AND GOVERNMENTAL (PEG)
ALLOCATION MODEL AND CONTRACT AMENDMENT WITH SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT FOR RELEASE OF PEG FUNDS
(E-PORTION)
RECOMMENDATIONS
1 Modify the allocation model for Public. Educational and Governmental (PEG) Access
funds to eliminate funding for public access and allocate 50% of PEG funds for
educational and governmental access
2 Approve, and authonze the Mayor to execute, the First Amendment to the Agreement
between the City of San Luis Obispo and San Luis Unified School District for Release of
PEG Access Funds (E-Portion). retroactively to August 4. 2012 through August 4. 2015
DISCUSSION
PEG Allocation Model
PEG funds are collected pursuant to the City's Municipal Code, and the permissible uses of these
funds are dictated by State and Federal law PEG funds, which are currently collected from
Charter Communications through a surcharge on City residents' cable television bills, may only
be used for costs associated with the purchase and maintenance of equipment and facilities used
in the production of PEG programming State and Federal law contains no directives regarding
the share of funding allocated to the public, educational or governmental channels
At the May 17, 2011 Council Meeting. Council terminated the City's contract with San Luis
Obispo County Public Access (SLOCPA) for use of Public Access funds due to misappropnanon
of public funds by its former Chairperson Council also directed staff to return with an updated
allocation model for PEG funds The proposed model would eliminate allocations to public
access and would evenly split PEG funds between educational and governmental access
San Luis Coastal Unified School District Contract Amendment
The agreement for release of PEG Access Funds (E-Portion) between the City of San Luis
Obispo and San Luis Coastal Unified School District expired on August 4, 2012 The agreement
contained provisions to extend the agreement for two additional penods of three (3) years The
proposed First Amendment to the Agreement would retroactively extend the contract through
August 4, 2015 In addition, Section 13 (Funding and Other Resources) would be amended to
indicate that the City agrees to release one-half of all PEG access funds to SLCUSD
PEG Allocation Model and SLCUSD Contract Amendment Page 2
Public Access Television
With the advent of consumer-level resources for video production, even producers with minimal
resources are able to produce quality programming for Channel 2. Prior to 2011. very few
producers that aired shows on Channel 2 regularly used the City's equipment managed by
SLOCPA During the time that the City has stored this equipment. Channel 2 has continued to
show new content that is produced independently and provided directly to Charter
Communications for scheduling and arnng
FISCAL IMPACT
There are no fiscal impacts to the General Fund associated with these recommendations The
Public Access cash balance of $319.473 will be evenly divided between the educational and
governmental access channels and future deposits will be distributed on a 50/50 basis
ATTACHMENTS
I SLCUSD Contract Amendment
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